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HI..I filed chapter 7 in 2002, with my now ex-husband. I am currently in the position due to divorce that I need to file again. I cannot file until next year, but in jam with my vehicle. I want to keep it but the payments are WAY to high for me to afford. Can I file chapter 13 on JUST my vehicle and then chapter 7 on remaining debt next yr? Thank YOu

Asked on 12/03/08, 8:46 pm

1 Answer from Attorneys

If you are looking to get a discharge in your Chapter 13, you must wait 4 years from the date your discharged Chapter 7 was filed. So yes, it appears you can file a Chapter 13 if you otherwise qualify. Whether that will allow you to keep your vehicle for affordable payments depends on when the vehicle was purchased/financed, the amount due, the interest rate and other factors. You should consult with a qualified BK attorney to see if there are options that will work for you, and whether a "Chapter 13 now and Chapter 7 later" is advantageous. You might find that a Chapter 13 will accomplish all of your goals and allow you to keep your vehicle and still discharge the majority of your unsecured obligations. A Chapter 13 can be filed for little or no funds up front - even the filing fee can be paid through the Plan if you qualify.